Regular Session - March 20, 1995
2401
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8 ALBANY, NEW YORK
9 March 20, 1995
10 3:04 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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2402
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 find their places, staff their places. I'd ask
5 all the members and the gallery and visitors to
6 rise and recite the Pledge of Allegiance to the
7 Flag with me, please.
8 (The assemblage repeated the
9 Pledge of Allegiance to the Flag.)
10 In the absence of clergy, may we
11 all bow our heads in a moment of silence.
12 (A moment of silence was
13 observed. )
14 Reading of the Journal.
15 THE SECRETARY: In Senate,
16 Sunday, March 19th. The Senate met pursuant to
17 adjournment, Senator Hoblock in the Chair upon
18 designation of the Temporary President. The
19 Journal of Saturday, March 18th, was read and
20 approved. On motion, Senate adjourned.
21 ACTING PRESIDENT KUHL: Hearing
22 no objection, the Journal stands approved as
23 read.
2403
1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Farley.
10 SENATOR FARLEY: Thank you, Mr.
11 President.
12 On behalf of Senator DiCarlo, I
13 wish to call up his bill, Print Number 500,
14 which was recalled from the Assembly which is
15 now at the desk.
16 ACTING PRESIDENT KUHL: Secretary
17 will read.
18 THE SECRETARY: By Senator
19 DiCarlo, Senate Print 500, an act to amend the
20 Criminal Procedure Law and the Penal Law, in
21 relation to felony sex offenses.
22 SENATOR FARLEY: Mr. President, I
23 now move to reconsider the vote by which this
2404
1 bill was passed.
2 ACTING PRESIDENT KUHL: Motion is
3 to reconsider the vote by which the bill passed
4 the house. Secretary will call the roll.
5 (The Secretary called the roll on
6 reconsideration. )
7 ACTING PRESIDENT KUHL: Senator
8 Farley.
9 SENATOR FARLEY: Mr. President, I
10 now offer the following amendments.
11 ACTING PRESIDENT KUHL:
12 Amendments are received and adopted.
13 The Chair recognizes Senator
14 Holland.
15 SENATOR HOLLAND: Mr. President,
16 on page 12, I offer the following amendments to
17 Calendar Number 91, Print Number 2046-A, and ask
18 that said bill retain it place on the Third
19 Reading Calendar.
20 ACTING PRESIDENT KUHL:
21 Amendments are received and adopted; bill will
22 retain its place on the Third Reading Calendar.
23 SENATOR HOLLAND: Also, Mr.
2405
1 President, on page 15, I offer the following
2 amendments to Calendar Number 138, Senate Print
3 Number 466, and ask that that bill retain its
4 place on the Third Reading Calendar.
5 ACTING PRESIDENT KUHL:
6 Amendments are received and adopted; bill will
7 retain its place on the Third Reading Calendar.
8 Senator Bruno.
9 SENATOR BRUNO: Mr. President,
10 have the two new members been sworn in?
11 ACTING PRESIDENT KUHL: The
12 Secretary informs me that both members have been
13 sworn in, Senator Bruno.
14 SENATOR BRUNO: Thank you, Mr.
15 President, and I would like to offer a word of
16 welcome to the two new members, Senator Carl
17 Marcellino and Senator George Maziarz; and where
18 are they? And they're right there next to each
19 other.
20 And, Mr. President, these are two
21 gentlemen who are not new to public service.
22 They have had long and distinguished careers in
23 their own municipalities, having distinguished
2406
1 themselves by the way they have handled them
2 selves with their constituencies respectively,
3 but not only in the public sector but also in
4 the private sector, because they have been
5 involved in numerous civic activities, working
6 on behalf of their constituency because they are
7 interested in doing good things and the right
8 things for people.
9 So we are honored to have you
10 join this body and you join this group that has
11 had a number of very distinguished people here
12 and through here, among them, our late President
13 Franklin Delano Roosevelt, and very recently
14 Governor George Pataki.
15 So we welcome you here, and we
16 know that you're going to join with your
17 colleagues in doing all the good things that you
18 can on behalf of your constituency.
19 Welcome, gentlemen.
20 (Applause)
21 Stand up so we can see who you
22 are. Thank you.
23 ACTING PRESIDENT KUHL: The Chair
2407
1 recognizes Senator Bruno.
2 SENATOR BRUNO: Mr. President, we
3 are also honored to have in the chamber with us
4 the first lady of New York State, Libby Pataki.
5 (Applause)
6 SENATOR BRUNO: And Mr.
7 President, I understand that there's a
8 resolution at the desk by Senator Gold.
9 ACTING PRESIDENT KUHL: There is
10 a privileged resolution at the desk. I'll ask
11 the Secretary to read the title.
12 THE SECRETARY: Legislative
13 Resolution, by Senator Kuhl, recognizing
14 National Agricultural Day and proclaiming March
15 20th, 1995 as National Agriculture Day in the
16 state of New York.
17 ACTING PRESIDENT KUHL: The
18 question is on the resolution. All those in
19 favor signify by saying aye.
20 (Response of "Aye.")
21 Opposed nay.
22 (There was no response.)
23 The resolution is adopted.
2408
1 Senator Bruno.
2 SENATOR BRUNO: And Mr.
3 President, there is a resolution at the desk by
4 Senator Gold.
5 ACTING PRESIDENT KUHL: There
6 is. I ask the Secretary to read the title.
7 THE SECRETARY: Legislative
8 Resolution, by Senator Gold, honoring Maurice
9 Lowinger, guest of honor at the Council of
10 Jewish Organizations of Borough Park Annual
11 Awards Dinner.
12 ACTING PRESIDENT KUHL: Question
13 is on the resolution. All those in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The resolution is adopted.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President,
21 there is a resolution at the desk by Senator
22 Holland. May I ask that it be read in its
23 entirety and adopted.
2409
1 ACTING PRESIDENT KUHL: Secretary
2 will read the resolution in its entirety.
3 THE SECRETARY: By Senator
4 Holland, Legislative Resolution honoring Mary G.
5 Loeffler, upon the occasion of her designation
6 for special honor on March 20th, 1995.
7 WHEREAS, individuals who give of
8 their time and energies and serve the best
9 interests of their communities are an asset
10 beyond remuneration and cannot be sufficiently
11 extolled, and
12 WHEREAS, Mary G. Loeffler has
13 given not only of her time and energies but also
14 of her competence, intelligence and leadership
15 and consequently has been designated for special
16 honor; and
17 WHEREAS, Mary G. Loeffler will be
18 honored on March 20th, 1995 with the J. Daniel
19 Mahoney Award; and
20 WHEREAS, Mary G. Loeffler was
21 chosen recipient of the J. Daniel Mahoney Award
22 for her enduring commitment and dedication to
23 the Conservative Party, its philosophy and its
2410
1 goals; and
2 WHEREAS, a committed community
3 activist, Mary G. Loeffler actively and
4 efficaciously served the P-TA for 12 years, the
5 Girl Scouts, Boy Scouts, Catholic Big Sisters
6 and the American Cancer Society; and
7 WHEREAS, Mary G. Loeffler has
8 been called upon to contribute her time and
9 talents to countless civic and charitable
10 endeavors and has always given of herself
11 unstintingly; and
12 WHEREAS, throughout the entire
13 period of her community service, a period of
14 constructive involvement, Mary G. Loeffler has
15 stood constant in dignity, good grace and humor;
16 and
17 WHEREAS, with her throughout have
18 been her family, all of whom feel privileged to
19 be part of her life and rejoice in her
20 achievements; and
21 WHEREAS, rare indeed is the
22 impressive dedication shown by an individual for
23 the benefit of others which Mary G. Loeffler has
2411
1 displayed throughout her life,
2 NOW, THEREFORE, BE IT RESOLVED
3 that this legislative body pause in its
4 deliberations to honor Mary G. Loeffler upon the
5 occasion of her designation for special honor on
6 March 20th, 1995, and
7 BE IT FURTHER RESOLVED that a
8 copy of this resolution, suitably engrossed, be
9 transmitted to Mary G. Loeffler.
10 ACTING PRESIDENT KUHL: The Chair
11 recognizes Senator Holland on the resolution.
12 SENATOR HOLLAND: As you heard,
13 Mr. President, Ms. Loeffler is being honored
14 with the J. Daniel Mahoney Award by the
15 Conservatives tonight. Mary has been a good
16 friend for many, many years. She's also been a
17 good friend to us all. She's active in the
18 community, as you all heard. But what you
19 didn't hear, she's recovered from cancer, but
20 even though that happened to the lady, she kept
21 working for the community and the groups in the
22 community right through that.
23 She is an honor to have in
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1 Rockland County. I cherish her as a friend and
2 I know she will continue to work hard for
3 everybody for as long as we're both here, and I
4 congratulate you on your award tonight, Mary.
5 ACTING PRESIDENT KUHL: The Chair
6 recognizes Senator Maltese.
7 SENATOR MALTESE: Mr. President,
8 I second what my colleague, Joe Holland, has
9 said about Mary Loeffler. Knowing her for so
10 many years, knowing of her dedication,
11 dedication to principles, her high ideals, her
12 high standards that she's adhered to, the fact
13 that, as a woman, she has done so much for her
14 community, for the members of the Rockland
15 County Conservative Party, that she's worked so
16 closely with other officers in the party, she
17 truly exemplifies the spirit in which the award
18 was named the J. Daniel Mahoney Award.
19 I'm proud to know her. I'm proud
20 to second the resolution honoring this great
21 lady.
22 ACTING PRESIDENT KUHL: The
23 question is on the resolution. All those in
2413
1 favor signify by saying aye.
2 (Response of "Aye.")
3 Opposed nay.
4 (There was no response. )
5 The resolution is unanimously
6 adopted.
7 Mary Loeffler, on behalf of
8 Senator Bruno, Senator Maltese, Senator Holland
9 and all of the members of the chamber, thank you
10 so much for coming and sharing this little piece
11 of your life with us. Keep up the good work.
12 It's wonderful having you with us.
13 (Applause)
14 Senator Bruno, are you ready for
15 the calendar, sir?
16 SENATOR BRUNO: Yes, Mr.
17 President. Can we now take up the
18 non-controversial calendar?
19 ACTING PRESIDENT KUHL: Secretary
20 will read the non-controversial calendar.
21 THE SECRETARY: On page 11,
22 Calendar Number 69, by Senator LaValle, Senate
23 Print 1032, an act to amend the Education Law,
2414
1 in relation to the definition of income for
2 determining the amount of awards.
3 ACTING PRESIDENT KUHL: Secretary
4 will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 53.
11 ACTING PRESIDENT KUHL: The
12 bill's passed.
13 THE SECRETARY: Calendar Number
14 92, by Senator Holland, Senate Print Number 281,
15 an act to amend the Tax Law, in relation to
16 providing for business tax credits.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 7. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
2415
1 THE SECRETARY: Ayes 53.
2 ACTING PRESIDENT KUHL: The
3 bill's passed.
4 THE SECRETARY: Calendar Number
5 151, by member of the Assembly A. Greene,
6 Assembly Print 2463, an act to amend the Banking
7 Law, in relation to banking records.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 168, by Senator Kuhl, Senate Print 1716.
20 SENATOR PATERSON: Lay aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside for the day.
23 Senator Bruno, that completes the
2416
1 non-controversial and the controversial
2 calendars.
3 SENATOR BRUNO: Mr. President,
4 can we now return to reports of standing
5 committees and hear the report of the Finance.
6 ACTING PRESIDENT KUHL: Secretary
7 will read.
8 THE SECRETARY: Senator Stafford,
9 from the Committee on Finance, offers up the
10 following nominations: Member of state Board of
11 Parole, Brian D. Travis of Garrison, New York.
12 ACTING PRESIDENT KUHL: Senator
13 Bruno.
14 SENATOR BRUNO: Mr. President,
15 can we now move the nomination of Brian D.
16 Travis as chairman of the state Parole Board.
17 ACTING PRESIDENT KUHL: Senator
18 Nozzolio, on the nomination.
19 SENATOR NOZZOLIO: Thank you, Mr.
20 President, my colleagues.
21 As chairman of Crime and
22 Corrections Committee, I have had the distinct
23 pleasure of discussing this nomination with the
2417
1 nominee, and I have the great pleasure to inform
2 my colleagues that Brian Travis is a man very
3 experienced in the skills that are very
4 important to the criminal justice system and its
5 workings, has been trained throughout his
6 professional career in the workings of parole,
7 probation, that he comes extremely well
8 recommended from those organizations of which he
9 has been a member and which are dealing very
10 closely with these critically important issues.
11 I was extremely impressed with
12 Brian Travis' grasp of these matters and very
13 clearly believe he should get our full support
14 and commendation.
15 What I'd like to do is defer the
16 balance of my time, Mr. President, to Senator
17 Vin Leibell, who would like to speak on this
18 nomination.
19 ACTING PRESIDENT KUHL: The Chair
20 recognizes Senator Leibell, on the nomination.
21 SENATOR LEIBELL: Thank you, Mr.
22 President. Thank you, Senator Nozzolio.
23 Over the last few weeks we have
2418
1 seen our new Governor, George Pataki, submit to
2 us numerous names for our consideration, and I
3 might note that he has submitted to us a most
4 excellent list for our deliberation, of
5 admitting women well qualified for public
6 service.
7 I'm very pleased to have a couple
8 of minutes this afternoon to speak about Brian
9 Travis. Some weeks ago, I received a phone call
10 from the State Police doing a background inves
11 tigation as they do with all the nominees, and I
12 was asked my thoughts about Brian Travis who I
13 have known for many, many years.
14 Brian is coming to us today with
15 his nomination to serve as member of the state
16 Board of Parole and as chairman. We could not
17 find a better qualified person for this position
18 in New York State. He comes to us with a long
19 career of public service. He comes to us with
20 an educational background which well fits him to
21 serve in this position: A Bachelor's degree in
22 psychology from Syracuse University, a Master's
23 degree in criminal justice from John Jay College
2419
1 of Criminal Justice, an employment history that
2 is long and diverse, but that well equips him
3 for the current position.
4 I should also note that he's a
5 graduate of the F.B.I. National Academy where
6 he's received a certificate of criminal justice
7 education.
8 I'd like to just briefly note his
9 record, his background, where he served in the
10 Putnam County Probation Department, my home
11 county, as Director of Probation; where he
12 served as Commissioner of the Putnam County
13 Conditional Release Commission; where he served
14 as vice-chairman of our Alternatives to
15 Incarceration Advisory Board.
16 I would also note that he
17 currently serves as an adjunct professor at the
18 College of New Rochelle, teaching criminal
19 justice and probation and parole. He served in
20 the Bronx as a New York -- with the New York
21 State Division of Parole as a field parole
22 officer. He has served at Sing Sing
23 Correctional Facility as an institutional parole
2420
1 officer; that he was a supervising probation
2 officer in Putnam County from January 1984
3 through 1986. He's also served in the Dutchess
4 County Probation Department as a probation
5 officer for a number of years.
6 I had the good fortune as a young
7 prosecutor and as county attorney of Putnam
8 County, to know this fine individual. I can
9 honestly tell you that I don't know of anybody
10 in public life who has greater commitment or
11 greater integrity. I am very pleased to count
12 him as one of my very dear and close friends,
13 but more importantly in front of this body, I'm
14 most pleased to move the nomination of a person
15 who brings these sorts of credentials and
16 background to state government.
17 I believe, my colleagues, you
18 will find he will be a great asset. I salute my
19 former colleague, our Governor, George Pataki,
20 for an excellent choice.
21 ACTING PRESIDENT KUHL: The Chair
22 recognizes Senator Abate, on the nomination.
23 SENATOR ABATE: I, too, rise to
2421
1 support the nomination of Brian Travis. When I
2 was a Commissioner of Probation in New York
3 City, I also had the privilege of working with
4 Brian when he was the Director of Probation in
5 Putnam County. He will not just be a bureau
6 crat, running the Division of Parole for the
7 state of New York. He has the vision; he has
8 the commitment.
9 He has enormous experience in the
10 field of criminal justice. He worked as an
11 institutional parole officer as well as a field
12 parole officer. His knowledge of probation, his
13 knowledge of correction, I believe he's an ideal
14 candidate because he will have a vision, a great
15 understanding for what the complexities of
16 parole are. He understands that parole must be
17 about public safety and surveillance, but he
18 also understands that people on parole need
19 supervision and any other kinds of social
20 services.
21 So I, too, am very pleased with
22 this nomination. I think he will serve the
23 state of New York with distinction, and I look
2422
1 forward to working with him over the coming
2 years.
3 ACTING PRESIDENT KUHL: The
4 question is on the nomination of Brian D. Travis
5 of Garrison, to be a member of the state Board
6 of Parole. All those in favor signify by saying
7 aye.
8 (Response of "Aye.")
9 Opposed nay.
10 (There was no response. )
11 The nomination is confirmed.
12 We're happy to be joined by Brian D. Travis, his
13 wife Theresa, here in the chamber. Brian,
14 congratulations. We look forward to working
15 with you. Good luck.
16 (Applause)
17 ACTING PRESIDENT KUHL: The Chair
18 recognizes Senator Bruno.
19 SENATOR BRUNO: Mr. President,
20 could we now move the nomination of Bernadette
21 Castro as Commissioner of Parks and Recreation
22 and Historic Preservation.
23 ACTING PRESIDENT KUHL: Senator
2423
1 Bruno, I'll ask the Secretary to read the report
2 from the Senate Finance Committee.
3 THE SECRETARY: Senator Stafford,
4 from the Committee on Finance, offers up the
5 following nomination: Commissioner of Parks,
6 Recreation and Historic Preservation, Bernadette
7 Castro, of Lloyd Harbor, New York.
8 ACTING PRESIDENT KUHL: Senator
9 Bruno moves the nomination.
10 The Chair recognizes Senator
11 DeFrancisco, on the nomination.
12 SENATOR DeFRANCISCO: Thank you,
13 Mr. President.
14 I'm very pleased to rise in
15 support of the nomination of Bernadette Castro
16 for Commissioner of Parks and Recreation. You
17 know, her life, I think, demonstrates what we
18 all know as the true American dream. If you
19 look at her resume and look at the situation
20 that her family was in when they first came to
21 this country and to see how far the family has
22 risen over the years, it's truly what we would
23 want to have everyone to be able to participate
2424
1 in.
2 Her mother worked on a dairy
3 farm, her father did not speak English and
4 learned to speak English at night school, but
5 was industrious enough to start a company that
6 became an excellent company that employed many,
7 many individuals and provided a prosperity for
8 not only the family but all those associated
9 with that business.
10 Bernadette received her
11 Bachelor's degree from the University of Florida
12 in broadcast journalism, and a Master's degree
13 where she was Phi Beta Kappa. In fact, she
14 became the first woman ever to receive the
15 University's distinguished alumnus award in
16 1985.
17 She became the Executive
18 Vice-President of Castro Convertibles and served
19 in that position for 16 years and in 1991 became
20 chief executive officer and was -- participated
21 in a successful sale of that business where she
22 became a member of the board of directors of the
23 purchasing corporation.
2425
1 She's married and has four
2 children who are continuing that American
3 dream.
4 I first met her in her campaign
5 last year as she was running for the United
6 States Senate. Many thought that that was a
7 desperate attempt by someone who was put in a
8 position that maybe she would regret because of
9 the uphill battle that she had, but the minute I
10 met her I truly understood what a great person
11 she was, a person of character and integrity and
12 a person that would never say die, and she did a
13 great job in the campaign and she impressed an
14 awful lot of people, including the Governor-to
15 be of the state of New York who saw those
16 attributes and wanted Bernadette Castro as part
17 of his team.
18 A person who is well equipped in
19 the business arena then would bring into
20 government the same principles that she followed
21 in making sure that her business was a great
22 success. Her theory in government is to make
23 sure that we treat people like they're customers
2426
1 of the business because they're the ones that
2 we're serving, and that's the type of philosophy
3 that all government officials should have.
4 Her description of life is kind
5 of interesting. I really think it's important
6 to read it. It's very short. "I want to make
7 every day count. I need to give myself back to
8 the community and make a difference. I've spent
9 my life trying to succeed as a mother and a
10 businesswoman and now I want to spend my time
11 giving back to the people who need my help." And
12 she's going to give back to the people who need
13 her help. She's already started, and she's
14 going to be a great Commissioner of Parks and
15 Recreation, and I'm proud to move the nomination
16 of Bernadette Castro as Commissioner of Parks
17 and Recreation.
18 ACTING PRESIDENT KUHL: The Chair
19 recognizes Senator Goodman on the nomination.
20 SENATOR GOODMAN: Mr. President,
21 it's a special privilege and a pleasure today to
22 speak on behalf of Bernadette Castro. This is a
23 truly remarkable lady who made a mark in her
2427
1 very early years having appeared as a four-year
2 old youngster as the centerpiece of a superb
3 commercial campaign on behalf of Castro
4 Convertibles. Not since Shirley Temple stunned
5 the American public with her glorious presence
6 in such movies as Heidi has the public been more
7 pleased by the presence on the screen of a
8 bumptious and delightful youngster, attractive
9 and articulate, and well able to send forth a
10 message on the merits of an outstanding product
11 which I dare say many of us have enjoyed in our
12 homes and even in our college dormitory.
13 The Castro Convertible was a
14 unique piece of furniture which was both a
15 lovely couch and also a very comfortable bed
16 upon which guests could rest with a blissful
17 sleep.
18 I'm delighted to say to you that
19 Bernadette Castro has proven herself to be a
20 lady of remarkable attributes during her
21 campaign for the United States Senate. In her
22 debates against a highly respected member of the
23 United States Senate, she more than held her
2428
1 own, reflecting great flexibility, an enormous
2 grasp of issues and a capacity for that grasp of
3 issues which won her very many admirers in her
4 great and useful campaign in which she stuck to
5 the issues and made it clear to the public that
6 she was not only a star as a youngster but
7 continued to have that star quality as an
8 adult.
9 Let me say that this is a
10 remarkable woman, almost a Renaissance woman.
11 She has four children one of whom is an
12 assistant district attorney, several of whom
13 have distinguished themselves in their own
14 right. She is married to a gentleman who is a
15 very well respected professor of surgery at New
16 York Hospital-Cornell Medical Center.
17 She has a magnificent home, to
18 which a number of us have had the pleasure to be
19 invited, on Long Island, which reflects her very
20 great capacity to preside over a great household
21 with exquisite taste.
22 But, Mr. Chairman, let me say
23 that running the Parks Department of the state
2429
1 poses very special challenges. The parks are
2 places where people of all walks of life can go
3 to seek recreation and relief from the strains
4 of contemporary society.
5 It is imperative that there be
6 someone who directs this operation who has
7 sensitivity to people, who cares about people
8 and who loves to -- and derives her happiness
9 from making other people comfortable and happy.
10 May I say, Mr. President, that in Bernadette
11 Castro we have an ideal amalgam of these
12 qualities. She is a star in every way, and I
13 think the Governor is to be complimented for
14 having selected her to run this particular very,
15 very important job for the pleasure of many New
16 Yorkers.
17 Mr. President, the parks will be
18 better places under the stewardship of this
19 outstanding leader, and I commend her to the
20 entire chamber for its unanimous support on this
21 felicitous day.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Stafford on the nomination.
2430
1 SENATOR STAFFORD: Mr. President,
2 I was going to talk about all of the candidates,
3 so I decided I would talk at the time we were
4 considering the one in the middle, Mrs. Castro.
5 Today, after 30 years here in the
6 Senate, three candidates came before the Senate
7 committee as well prepared, as committed and as
8 thorough as I have ever seen. Now, you'll have
9 to get the message to the chairman of the Parole
10 Board, Brian Travis, because I think he left,
11 but I want to emphasize we were proud. They had
12 complete knowledge of their subject matter. You
13 could see that they had a concern for people.
14 When they were asked questions, they thought and
15 they realized what the ramifications were.
16 We certainly commend Governor
17 Pataki for three fine appointments. I
18 apologize, Mr. President, for talking about all
19 three when I'm supposedly talking about one, but
20 I know they understand and, if we can have
21 candidates come before us that make the
22 impression that they made on everyone, we are
23 indeed a fortunate people. The Governor has
2431
1 made fine appointments, and New York State is
2 better for it.
3 ACTING PRESIDENT KUHL: Senator
4 Tully on the nomination.
5 SENATOR TULLY: Thank you, Mr.
6 President.
7 Bernadette Castro is a modern
8 role model of daughter, mother, wife and
9 corporate executive. Her business and academic
10 credentials have already been mentioned, so I
11 will not be redundant. Suffice it to say that
12 they are extensive and glittering.
13 As acting commissioner, she has
14 attempted to personally traverse this state to
15 visit the almost 200 parks and historic sites in
16 our Empire State. She is a doer and she will
17 make us proud. I am pleased to second her
18 nomination.
19 ACTING PRESIDENT KUHL: Senator
20 Maltese on the nomination.
21 SENATOR MALTESE: Mr. President,
22 I'm proud to second the nomination of Bernadette
23 Castro. The prior speakers, my good colleagues,
2432
1 have told us a great deal about Bernadette and
2 about her attributes and her being a role model
3 as a wife, a mother, a businesswoman.
4 I think also I must comment on
5 the fact that she is certainly a role model as
6 the Renaissance woman of Italian-American
7 descent. Her father, Bernadette, who founded
8 the business that is so famous now and
9 worldwide, was an upholsterer, as my father was,
10 and she was the daughter of immigrants and came
11 up, in effect, the hard way and yet she has a
12 business sense that has persevered and
13 excelled. But it isn't only in that that she
14 has shown the type of woman that she is. It's
15 by giving so much of her time and effort and
16 dedication to charitable enterprises in all
17 walks, religious, ethnic, Italian-American,
18 community, civic, to which she has been
19 unstinting and generous to the extreme.
20 We are very proud to have her
21 named by the Governor, and I am proud to second
22 the nomination of Bernadette Castro and
23 congratulate her and her family.
2433
1 ACTING PRESIDENT KUHL: Senator
2 Rath on the nomination.
3 SENATOR RATH: Thank you, Mr.
4 Chairman.
5 I rise as do my colleagues, as
6 have many of my colleagues, to second the
7 nomination of Bernadette Castro. I came to know
8 Bernadette as she was on the campaign trail and
9 many of my other colleagues who have spoken have
10 been from downstate. They know Bernadette in a
11 different way and a different place, but over a
12 month in New York and I got to know Bernadette
13 and then came to find that she was going to be
14 the Commissioner of Parks and Recreation. I
15 said, "Bernadette, we've got a lot of parks over
16 here in western New York. We need to have you
17 come over very soon and see what we have."
18 Think of the size of the Allegheny State Park
19 coupled with the Niagara Reservation and the
20 importance of tourism in the Niagara Falls area,
21 the great gorge to the east, Letchworth State
22 Park.
23 One of the first things
2434
1 Bernadette did was to go to western New York, go
2 to the parks, talk to the people and get to know
3 about our concerns, and coupled with her lively
4 enthusiasm for her new role and her healthy
5 respect for the taxpayer's dollar, we know
6 you're going to be one of the great parks
7 commissioners of all time.
8 I'm happy to second the
9 nomination and congratulate the Governor on your
10 appointment.
11 ACTING PRESIDENT KUHL: Senator
12 Oppenheimer, on the nomination.
13 SENATOR OPPENHEIMER: I'd like to
14 thank Bernadette Castro down here for having met
15 with me several times, and I must say she's a
16 very bright and a very charming, enthusiastic
17 woman, and I think she's going to bring a lot of
18 gifts and a lot of interest to -- to Parks and
19 Rec' and Historic Preservation.
20 I must say that her interest so
21 far has demonstrated itself in the brief time
22 that I have known Bernadette Castro which is
23 just from our first meeting together, our fourth
2435
1 or so. She has mastered -- she has been such a
2 quick study, and has learned so much about this
3 business that she's about to be named
4 commissioner, and that I am very enthusiastic
5 about the future of our parks and our historic
6 preservation and look forward to the good works
7 that she is going to do.
8 Congratulations.
9 ACTING PRESIDENT KUHL: Senator
10 Seward, on the nomination.
11 SENATOR SEWARD: Thank you, Mr.
12 President.
13 I also would like to rise and add
14 my voice in support of the confirmation of
15 Bernadette Castro to be our Commissioner of
16 Parks, Recreation and Historic Preservation. I,
17 like so many New Yorkers, became very impressed
18 with Bernadette Castro during the campaign last
19 year, but after the campaign, I had the distinct
20 honor and privilege to serve with Bernadette on
21 one of the Governor's transition task force and
22 during that experience, I got to know Bernadette
23 best, and I can tell you my impressions were
2436
1 certainly that she's very bright, conscientious,
2 hard working, a quick study. She's very
3 friendly, but don't let that be deceiving.
4 She's very firm in her resolve on the issues
5 that are important to her.
6 I've always considered our state
7 parks system to be one of the shining jewels in
8 our state's crown, and I know that under
9 Bernadette Castro's stewardship as commissioner,
10 that our parks system is going to become even
11 more of an important resource for our state and
12 its people; so with that thought in mind, I rise
13 to congratulate the Governor on an outstanding
14 choice and to congratulate Bernadette Castro.
15 We look forward to great things from you.
16 ACTING PRESIDENT KUHL: Senator
17 Leibell on the nomination.
18 SENATOR LEIBELL: Yes, Mr.
19 President.
20 I would like to echo the comments
21 that have been made here already this
22 afternoon. I had the chance also to meet
23 Bernadette Castro on the campaign trail, and you
2437
1 certainly got the sense during that period of
2 time that you were meeting someone who was
3 special. I had the opportunity to meet with
4 Mrs. Castro again recently in my office, and we
5 had a chance to talk about many of the issues
6 that are going to be of concern to her in her
7 new position as Commissioner and of concern to
8 my district in the mid-Hudson.
9 I was very greatly impressed with
10 her depth of knowledge, her energy and her
11 desire to see a job well done. The parks system
12 in this state is truly a jewel for this state.
13 It is something we have always prided ourselves
14 on, and I have every confidence that this system
15 is now going to be in excellent hands.
16 Thank you, sir.
17 ACTING PRESIDENT KUHL: The
18 question is on the confirmation of Bernadette
19 Castro, of Lloyd Harbor, as Commissioner of
20 Parks, Recreation and Historic Preservation.
21 All those in favor signify by saying aye.
22 (Response of "Aye.")
23 Opposed nay.
2438
1 (There was no response. )
2 The nomination is confirmed.
3 Commissioner Castro, who is with us, congratu
4 lations on your appointment. Good luck.
5 (Applause)
6 Secretary will read.
7 THE SECRETARY: Senator Stafford
8 also hands up the following nomination:
9 Commissioner of Environmental Conservation,
10 Michael D. Zagata, of West Davenport, New York.
11 ACTING PRESIDENT KUHL: Senator
12 Bruno.
13 SENATOR BRUNO: Mr. President, I
14 now move the confirmation of Michael Zagata as
15 Commissioner of Environmental Conservation.
16 ACTING PRESIDENT KUHL: Senator
17 Tully, on the nomination.
18 SENATOR TULLY: Thank you, Mr.
19 President.
20 As chairman of the Environmental
21 Conservation Committee, I've had several
22 opportunities to speak with Mr. Zagata and to
23 discuss his vision for the Department. I share
2439
1 his goal of reaching compliance with the -- our
2 environmental laws and regulations through a
3 less adversarial relationship with the regulated
4 community.
5 I am thoroughly satisfied with
6 his commitment to achieving this goal without
7 lowering our standards or risking degradation of
8 our environment. He recognizes the need for
9 growth in this state to provide employment
10 opportunity, but is equally cognizant of the
11 ecological ability to sustain that growth.
12 Mr. Zagata enjoys support
13 throughout the state from unions, representing
14 environmental conservation officers, to trappers
15 and perhaps, most significantly, by many envir
16 onmental advocates including but not limited to
17 the New York State Conservation Council,
18 Citizens Campaign for the Environment, the
19 Audubon Council of New York State and the
20 American Wild Life Research Foundation and the
21 New York Chapter of the Wildlife Society, just
22 to name a few.
23 Mr. Zagata's educational and
2440
1 professional background well qualify him for
2 this position, and I am pleased to second his
3 nomination as Commissioner of Environmental
4 Conservation for the state of New York.
5 ACTING PRESIDENT KUHL: Senator
6 Seward, on the nomination.
7 SENATOR SEWARD: Thank you, Mr.
8 President.
9 I also would like to rise in
10 support of Michael Zagata's nomination as DEC
11 Commissioner. Even though Mike Zagata and his
12 family are technically over the county line of
13 Senator Cook's district, those of us from the
14 Oneonta area tend to claim him also as one of
15 our own because of the fact that he was
16 educated, that he taught school, coached in
17 Oneonta which is part of my district, and I just
18 want to congratulate the Governor for making an
19 outstanding selection to head an agency which
20 is, in my opinion, in deep need of common sense
21 approaches, a sensitivity to taxpayers, and the
22 business people of our state, and also in need
23 of one that would bring the conservationist
2441
1 approach to environmental protection.
2 I think it would be imprudent and
3 unfair not to mention useless, to try to wedge
4 Mike Zagata into the mold of any previous
5 commissioner at DEC. They were appointed by
6 previous governors. Our current Governor, it's
7 no secret, conducted a very lengthy and
8 exhaustive search for a commissioner and guess
9 what? He found the ideal candidate right at DEC
10 working as business ambassador at DEC.
11 And Mike Zagata is going to bring
12 his own style, his own blend of education and
13 professional experience and background to the
14 role of commissioner and the management of the
15 Department. In my mind, he's the right man for
16 this very important job for -- to head up an
17 agency that lately has been known for its iron
18 fist but minus the velvet glove.
19 Now, I, as well as I'm sure a
20 number of other colleagues, could cite numerous
21 examples of when that has been the case. But
22 Mike Zagata is going to bring a fresh approach
23 to DEC, and he's going to ensure that his deputy
2442
1 commissioners and others, personnel in the
2 agency, are going to treat the taxpayers as
3 customers.
4 He's going to insist on strict
5 environmental compliance but use enforcement as
6 only one tool to bring that about and he comes
7 to the agency at a very critical time for our
8 state.
9 First and foremost, Mike Zagata
10 is a conservationist. He has a multi-faceted
11 background in environmental issues including
12 business, academia and government. He's known
13 for negotiating solutions and for suggesting
14 creative solutions and approaches to
15 environmental problems.
16 The list goes on and on. He's
17 going to bring the bridging of the gap -- it
18 seems to me that we've seen too much in this
19 state where it's either been on one hand
20 something that's in the interest of business at
21 the expense of the environment or if you're for
22 the environment, it can't be good for business
23 and he's going to bridge those two and make it
2443
1 good for business and the taxpayers and the
2 environment in terms of our policies for New
3 York State.
4 This is something that we
5 desperately need in this state, and I rise to
6 congratulate the Governor and Mike Zagata on
7 assuming this position as well as his family who
8 are -- many of whom are with us here today.
9 ACTING PRESIDENT KUHL: The Chair
10 recognizes Senator Cook, on the nomination.
11 SENATOR COOK: Mr. President,
12 thank you.
13 I chuckled a bit when I looked
14 into the gallery and I saw Commissioner Castro
15 and Commissioner Zagata sitting next to each
16 other, because Commissioner Castro and her -- in
17 another life was traveling in my county as she
18 did apparently everybody else's, and we were
19 probably 20 miles from the home of her opponent
20 at the time, and looking here, Mike Zagata lives
21 probably within about a mile of her, which
22 places two very well known and important people
23 in the state living in very close proximity to
2444
1 each other.
2 But the important thing about
3 Mike is that here's an individual who has grown
4 up in the midst of the environment. This is not
5 someone who has either been transplanted out of
6 the concrete jungle out into the wild, as it
7 were, and is trying to take those values and
8 going to make them work in a different context,
9 but rather someone who understands the
10 environment because he has lived and worked in
11 that environment.
12 I think that this is a real
13 breath of fresh air. We have all too much and
14 all too often seen a department where regulation
15 seems to have been the entire purpose for their
16 existence, where they seem to have lost track of
17 their real purpose, which is to maintain a
18 strong environment and a good environment, but
19 also to let people do those things that they
20 need to do to make this a prosperous state.
21 I think that balance, as Senator
22 Seward has indicated, is the important thing
23 that we have to have in the Department. I think
2445
1 that the ideal person has been appointed to
2 fulfill that responsibility, and I'm very
3 pleased to also rise in support of Michael
4 Zagata's appointment by the Governor.
5 ACTING PRESIDENT KUHL: The Chair
6 recognizes Senator Leichter on the nomination.
7 SENATOR LEICHTER: Thank you, Mr.
8 President.
9 I support this nomination. I've
10 had the occasion to meet with Mr. Zagata. I've
11 heard him in the EnCon Committee, heard him in
12 the Finance Committee. He is clearly well
13 versed in issues coming before the Department.
14 He has a very substantial background in the
15 field of environmental conservation. He's been
16 on both sides, if you will, of issues affecting
17 the environment, both environmentalists as well
18 as business. He is very articulate. I think he
19 clearly will be a good spokesperson for the
20 Department.
21 Having said that, let me just
22 raise some caution that I have about the
23 direction of the Pataki administration on the
2446
1 environment, and I want to put it in the context
2 of some of the remarks I heard by Senator Cook
3 and Senator Seward.
4 I think there's a perception that
5 the Department has been very hostile to business
6 interests and I don't want to say that the
7 Department has handled situations involving
8 business well. I think certainly the matters of
9 delay in permitting, and so on, are really quite
10 inexcusable. But we have a grave responsibility
11 of protecting the environment. That's not only
12 necessary for the health of New York as it's
13 necessary for our economic welfare, and this
14 idea that, well, if you tell business to do
15 something where it's necessary for the
16 environment but costly to your business, that,
17 therefore, you're anti-business, just is not the
18 case, and there are going to be conflicts, and I
19 want to refer to one of these conflicts.
20 Our new Commissioner likes to use
21 the expression win/win. He uses it a lot, and
22 there are situations that are win/win, but there
23 are also situations where you've got to make a
2447
1 decision and one of those situations, Senator
2 Cook, deals with the New York City watershed,
3 whether New York City is going to continue to
4 have good drinkable water, whether Westchester
5 is going to have good drinkable water or whether
6 we're going to have to go to filtration and
7 spend billions of dollars in building filtration
8 plants which would have a devastating financial
9 impact not only on the city of New York but on
10 the state of New York.
11 Now, we read in the paper that
12 DEC, in the last few days, sent a letter to the
13 city of New York which would make it impossible
14 for the city to meet one of the requirements
15 imposed upon it by the Environmental Protection
16 Administration when EPA said, "O.K., we'll give
17 you three years, three years to avoid filtration
18 but you've got to do certain things," and one of
19 those things is to buy 80,000 acres of land in
20 the watershed, 10,000 by June, and if that isn't
21 done, you filtrate and, if you filtrate, besides
22 that economic burden on the state and the city
23 that I talked about, what it's going to do to
2448
1 the water metering rate of Senator Marchi's
2 constituents and Senator Maltese's and other
3 people throughout the city of New York will just
4 be devastating.
5 So it's a real problem that's
6 going to take a lot of leadership, and I hope
7 that the new Commissioner, and I expect the new
8 Commissioner will take leadership; but it's not
9 an issue that you can necessarily resolve on
10 win/win where everybody is going to be happy.
11 You're going to have to make some tough
12 decisions, and they're going to be times when
13 you may have to say to a business or to a
14 developer, "You can't do it because it's bad for
15 the environment. It places people at risk. If
16 you go ahead with that development, you may end
17 up impairing the water for the city of New
18 York. We can't let you proceed with it," and I
19 certainly hope that the Commissioner will make
20 those decisions not only in regard to the
21 watershed but in other areas too, and there are
22 going to be times, if the job is done as it
23 needs to be done, and the primary job of the
2449
1 Department is to protect the environment,
2 protect the environment, see that the problems
3 we have with air quality which is bad in most of
4 New York State, water quality which is bad in
5 many portions of the state, problems of
6 landfills, problems of hazardous waste, these
7 are the things that need to be addressed if the
8 health of New Yorkers is going to be protected.
9 So I very much urge Commissioner
10 Zagata to bring his knowledge, his skills, to
11 making the emphasis of this Department what it
12 has been to protect the environment and, in that
13 connection, let me also say because there have
14 been some disturbing stories about dismantling
15 the regulatory personnel within the Department,
16 lawyers have been fired, I understand from the
17 Commissioner that some have been rehired, that
18 others will be given a chance to be hired.
19 These are basically non-political people. These
20 are people with that know what needs to be done,
21 that have the experience, and it would be most
22 unfortunate if they were let go for political
23 reasons, or if they were let go because the
2450
1 Department was not going to carry out its
2 function and its mandate of acting where
3 necessary to protect the environment, and at
4 times that requires enforcement.
5 So having said this, I wish
6 Commissioner Zagata a lot of good luck. He'll
7 need it. It's a tough job, maybe one of the
8 toughest in New York. I remember years ago it
9 used to be one of the easiest jobs. Everybody
10 wanted to be Commissioner. All you had to worry
11 about was somebody maybe shooting a deer out of
12 season.
13 Now, you're faced with the most
14 perplexing problems that our society faces, but
15 I have every expectation and hope that
16 Commissioner Zagata will provide the leadership
17 this Department needs.
18 Thank you.
19 ACTING PRESIDENT KUHL: The Chair
20 recognizes Senator Farley, on the nomination.
21 SENATOR FARLEY: Thank you, Mr.
22 President.
23 Let me begin by congratulating
2451
1 Commissioner Castro, a remarkable woman, on
2 being Commissioner of Parks, Recreation and
3 Historic Preservation. I know that she'll be an
4 outstanding Commissioner.
5 Let me just say that, as the
6 former chairman of the Environmental
7 Conservation Committee, and somebody that has
8 been involved with -- over 20 years of
9 confirming Commissioners of the most difficult
10 job in the state government in my judgment, and
11 the one that seems to get the most controversy
12 and problems involved, I've never seen anybody
13 that has been more qualified than Michael
14 Zagata.
15 It is with enthusiasm, Michael,
16 that I stand here to second your nomination
17 because I'm confident that you're going to bring
18 a whole new era to the DEC and one that will -
19 that this state has really needed for a long
20 time.
21 I look forward to your tenure.
22 I'm pleased to support you, and I congratulate
23 the Governor on this outstanding choice.
2452
1 ACTING PRESIDENT KUHL: The Chair
2 recognizes Senator Oppenheimer, on the
3 nomination.
4 SENATOR OPPENHEIMER: Thank you
5 very much.
6 When we're talking about where
7 people live or came from, some of the Senators
8 made reference to the proximity to their home
9 districts. I should be noting, though it isn't
10 who I'm speaking on now, but it should be noted
11 that Bernadette Castro was brought up on the
12 same peninsula on which I live, Oriente Point in
13 Mamaroneck. But I am here to talk about our
14 nominee for the DEC.
15 There's concern around the state
16 about the direction DEC will be taking under
17 this administration. There have been newspaper
18 articles, filings, diversion of the $18.5
19 million that was slated to go into our EPF, our
20 Environmental Protection Fund, and just a
21 general concern that DEC will not protect our
22 environment and our health.
23 Through the confirmation process
2453
1 many of us have questioned Commissioner designee
2 Zagata on a variety of key environmental
3 issues. I have been impressed with his concern
4 and the commitment he has made on a number of
5 issues. We have spoken together now perhaps a
6 half a dozen times, and I feel that he will be
7 open to input from individuals that come from a
8 variety of different prespectives.
9 He has pledged to move DEC in the
10 right direction. His leadership and resolve
11 will truly be tested in trying to balance
12 competing views. I might mention on the floor
13 here that it is those states in our nation that
14 seem to have the strongest environmental
15 regulation that also have the strongest economic
16 development and economies.
17 So the two do not -- indeed the
18 two should never be separated. We are seeking
19 economic development, but we are seeking it with
20 environmental protection.
21 Ultimately, his responsibility as
22 DEC Commissioner is to protect the environment.
23 He has indicated that this is his primary goal.
2454
1 I very much appreciate his working with us in
2 the confirmation process, and I look forward to
3 working with him at DEC as -- towards that end.
4 I must report that I have a more
5 positive sense about the nominee himself than I
6 do about the administration's plans and
7 priorities for DEC. I hope the nominee will win
8 those battles and lead this agency and reverse
9 the disturbing trend that I have seen at DEC
10 since January.
11 I vote yes, and I wish our new
12 Commissioner the very best. Happy to be working
13 with you.
14 ACTING PRESIDENT KUHL: The Chair
15 recognizes Senator Marchi, on the nomination.
16 SENATOR MARCHI: Mr. President,
17 Senator Stafford, I think, sounded a common note
18 when he observed that each of the nominees today
19 in a most splendid fashion really presented in
20 each and every case thorough preparation,
21 thorough backgrounds and all the indicias of
22 sterling performance of things to come.
23 Certainly Michael Zagata has had
2455
1 an -- he is in a state where distinguished
2 people have preceded him, but he brings
3 qualities and experience, I think, that augurs
4 well, but most importantly his attitude.
5 Senator Seward referred to the win/win principle
6 and I know Senator Leichter very properly
7 pointed out that, with that, we also have to
8 have a determination to protect those legitimate
9 concerns that we have, and I think that Senator
10 -- that it would be corrosive and undermine a
11 win/win situation if a Commissioner were less
12 than zealous about protecting those basic
13 concerns in a firm but unmistakable manner.
14 On the other hand, I come from a
15 community where, well, we have over -- I hope
16 you hear me -- 50 percent of the solid waste
17 disposal in my Staten Island. It's over 50
18 percent of all the solid waste that is collected
19 in the state of New York ends up in this one
20 vast potentially ecological disaster, and we
21 desperately need the kind of feeling that Mr.
22 Zagata, Commissioner Zagata exemplifies.
23 I remember Jim Buckley, when he
2456
1 ran in 1966, shared with me the -- why he was
2 running. He didn't expect to win, but he
3 thought he might sensitize the public to
4 ecological and environmental concerns. The
5 public was not that interested then and midway
6 during his campaign, he shifted to other
7 objectives, but -- and in reviewing the
8 nominee's background, we see here a steady
9 progression of academic excellence, executive
10 ability, administrative ability, a whole
11 composite of preparations that augur so well and
12 reflect great credit on the nomination made by
13 the Governor to this important office.
14 So all of these factors, I think,
15 engender great, great hopes that the missionary
16 is going to be there and he's going to enlist
17 and elicit the positive response which is
18 indispensable, I think, to a sensitivity to
19 treating the environment with respect and at the
20 same time making it user friendly in a most
21 enlightened way.
22 I notice that you've had an
23 experience at the Darden School, but we did it
2457
1 at different times, and I'm sure you will agree
2 that that was a most rewarding experience there
3 at the University of Virginia.
4 In any event, to come back to the
5 point made by our distinguished chairman here,
6 these are excellent nominees and, on this note,
7 I know that we will have a very, very strong
8 supportive indication from this body wishing the
9 Commissioner-to-be the best of luck.
10 ACTING PRESIDENT KUHL: The Chair
11 recognizes Senator Wright, on the nomination.
12 SENATOR WRIGHT: Thank you, Mr.
13 President.
14 I, too, would like to take a
15 moment to extend my congratulations to
16 Commissioner Castro. I think it's only fitting
17 that we should be confirming both Parks and
18 Recreation and EnCon on this day together since
19 I think it's essential that both agencies spend
20 a great deal of time over the next
21 administration working together on many of those
22 common issues.
23 I also rise to support the
2458
1 confirmation of Commissioner Zagata. I found it
2 very refreshing to find a commissioner who is
3 actually carrying a fishing license which, in my
4 part of the state, is a credential that's
5 extremely important to many of our
6 constituents. Equally important, when I had the
7 occasion to engage the commissioner designee in
8 some of the issues affecting our area of the
9 state, the North Country region, affecting the
10 fishing community, he was not only knowledge
11 able, he was very conversant in those issues,
12 but I think that's critical, and my constituents
13 think it's critical to restoring the balance
14 that's essential to a Department of
15 Environmental Conservation.
16 It is not simply a regulatory
17 agency, but it is an agency that has a
18 responsibility for stewardship and fostering
19 issues of conservation. Those are issues my
20 constituents understand. Those are issues that
21 we believe the Commissioner understands and
22 we're looking forward to working with this new
23 Commissioner to restore a balance to the
2459
1 Department of Environmental Conservation, not to
2 sacrifice our environmental objectives because I
3 do not believe the Commissioner is interested in
4 doing that, but to truly restore a balance to
5 what we believe is an important natural resource
6 in this state.
7 So I, too, look forward to
8 confirming Commissioner Zagata here.
9 Thank you.
10 ACTING PRESIDENT KUHL: Chair
11 recognizes Senator Hoffmann on the nomination.
12 SENATOR HOFFMANN: Thank you, Mr.
13 President.
14 I'm delighted to rise and speak
15 in favor of these two excellent nominees. I've
16 had the pleasure of meeting both Miss Castro and
17 Mr. Zagata in my office over the past several
18 weeks, and I was impressed with the great
19 knowledge of the post that they're about to
20 assume and also with the very specific
21 information that they had studied, no doubt on a
22 very quick time line to be familiar with the
23 issues of interest in our specific districts
2460
1 and, like Senator Wright, I was pleased at the
2 knowledge of issues like Green Lakes Park in
3 central New York that Commissioner Castro
4 demonstrated, and I was very pleased to hear
5 that Mr. Zagata holds a fishing license, also
6 that he is an avid sportsman who hunts and
7 equally important, perhaps most important of all
8 for me and for my constituents, that he
9 understands first hand the problems of
10 agriculture.
11 It's been a long time since I've
12 sat down with a nominee for any state agency and
13 had a good earnest conversation about slurry and
14 the finer points of manure storage, and this is
15 a commissioner who understands not only what it
16 is, but why it's important in New York State.
17 Having grown up on a dairy farm, pre-automatic
18 milking days, he is well versed in the
19 intricacies of farming, and he understands the
20 tremendous burden that some environmental
21 regulations have imposed in the past upon New
22 York State's number one industry.
23 So I am very heartened by the
2461
1 enthusiasm that both of these individuals have,
2 and I am continually in amazement at the great
3 willingness to sacrifice personal lives and
4 family obligations to do what is, frankly, an
5 impossible job in running any state agency in
6 New York State.
7 So I wish both Commissioner
8 Castro and Commissioner Zagata well as they
9 undertake their awesome responsibilities.
10 ACTING PRESIDENT KUHL: Is there
11 any other Senator wishing to speak on the
12 nomination?
13 Hearing none, the question is on
14 the nomination of Michael D. Zagata, of West
15 Davenport, to the position of Commissioner of
16 Environmental Conservation.
17 Senator Cook.
18 SENATOR COOK: Mr. President, to
19 explain my vote.
20 ACTING PRESIDENT KUHL: Senator
21 Cook, to explain his vote.
22 SENATOR COOK: Mr. President,
23 this is a rather unusual procedure, but Senator
2462
1 Leichter, I think, involved himself in a
2 discussion of an issue which will come before
3 the Commissioner, and I can't leave his
4 statements on the record without having a
5 responsibility to it, so I'm using this device
6 for accomplishing that.
7 Senator, when you've denigrated
8 the win/win strategy relative to the watershed
9 you exactly personified the problems that we're
10 having because for New York City, there is no
11 win/win. It's you win and we lose, and that is
12 precisely the balance that we're seeking to
13 overcome.
14 Now, let me tell you something.
15 The city of New York proposed to buy 80,000
16 acres of unidentified land in the watershed,
17 unidentified land. The Department of
18 Environmental Conservation staff, to their
19 credit -- to their credit -- have recommended a
20 procedure whereby the city may identify parcels
21 of land which they perceive to be some kind of a
22 threat to their watershed, to go to an impartial
23 hearing procedure and to have some people who
2463
1 are independent of both parties make a decision
2 relative to each parcel of land as to whether it
3 ought to be acquired.
4 Now, Senator, that's a win/win
5 situation, the protection of the water; it
6 protects our land and the rights of our people
7 and that's the kind of thing that the Department
8 ought to be doing. They shouldn't be doing the
9 single-minded kinds of ways that the city of New
10 York has been trying to do and which the
11 Department of Environmental Conservation all too
12 often has been doing through the years.
13 I welcome Senator -- I welcome
14 Commissioner Zagata because I'm sure that he
15 will give us the kind of even-handed
16 consideration that we deserve and that we
17 require.
18 I vote in favor.
19 ACTING PRESIDENT KUHL: All those
20 in favor signify by saying aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response. )
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1 The nomination of Michael D.
2 Zagata as Commissioner of Environmental
3 Conservation is confirmed.
4 The Chair recognizes Senator
5 Bruno.
6 SENATOR BRUNO: Mr. President,
7 thank you.
8 I just want to just offer and add
9 my congratulations to the commissioners, all
10 three that we have had the responsibility here
11 of dealing with, and also suggest to my
12 colleagues that I think this procedure has been
13 representative of this chamber when we can say
14 what we have to say and have it be heard and
15 recorded, and yet the process goes forward and
16 we now have three more public servants highly
17 qualified, capable, able individuals that will
18 serve all of the people of this state.
19 So, Mr. President, and just
20 representing the Senate, I am just pleased to
21 add these three to the rolls of public servants
22 for the people of New York State.
23 Thank you.
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1 ACTING PRESIDENT KUHL: Thank
2 you, Senator Bruno.
3 Commissioner, congratulations.
4 We're happy to have you joined by your wife Beth
5 and also your dad down here, and his wife Jean.
6 Welcome to the chamber and good luck.
7 (Applause)
8 ACTING PRESIDENT KUHL: Senator
9 Bruno.
10 SENATOR BRUNO: Mr. President,
11 there being no further business to come before
12 the Senate, I move we stand adjourned until
13 tomorrow, Tuesday, at 3:00 p.m.
14 ACTING PRESIDENT KUHL: Without
15 objection, the Senate stands adjourned until
16 tomorrow, Tuesday, at 3:00 p.m.
17 (Whereupon, at 4:12 p.m., the
18 Senate adjourned.)
19
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